Newly Proposed Drunk Driving Legislation Awaiting Chris Christie’s Signature

February 7, 2015 |

Statement of the newly proposed drunk driving legislation This bill revises penalties for various drunk driving offenses.  These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use driver’s license, or alternatively, mandating…

Ignition interlock bill to deter drunk driving moved to N.J. Assembly after Senate approval

February 7, 2015 |

Submitted by New Jersey DWI Attorney, Jeffrey Hark. The state Senate passed legislation on Thursday (S-2427) that would require drunk drivers to install an ignition interlock device into their vehicle. The bill passed the Senate with a vote of 34 to 2, and is now sent to the Assembly Judiciary Committee. “This bill attempts to…

New Bill Revises Penalties for Drunk Driving, Including Installation of Ignition Interlock Device

February 6, 2015 |

Submitted by New Jersey DWI Attorney, Jeffrey Hark ASSEMBLY, No. 3835 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED FEBRUARY 14, 2013   Sponsored by: Assemblywoman  LINDA STENDER District 22 (Middlesex, Somerset and Union) Assemblyman  RALPH R. CAPUTO District 28 (Essex)   SYNOPSIS Revises penalties for certain drunk driving offenses, including mandating installation of ignition interlock…

Witness Bolstering Testimony and Reversible Error | NJ Supreme Court

February 6, 2015 |

Submitted by New Jersey Lawyer, Jeffrey Hark The State may not attack one witness’s credibility through another witness’s assessment of that credibility. At trial, a party may introduce evidence that an adverse witness is biased, and parties may demonstrate bias through extrinsic evidence. N.J.R.E. 607. Such extrinsic evidence may include statements or “utterances.” N.J.R.E. 803(c)(3)…

When Examination of Fresh Complaint Evidence is Necessary

February 5, 2015 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark State vs. R.K. New Jersey Supreme Court February 3, 2015. At issue in this case is: the introduction of an alleged minor victim’s testimony by the state as “Fresh Complaint” evidence as opposed to substantive evidence of a crime and the entitlement of a defendant to…

Tender-Years Exception to the Hearsay Rule

February 4, 2015 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The tender-years exception to the hearsay rule which states: [A] statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil proceeding if (a) the proponent of the statement…

Worst of the worst: Readers ID treacherous Hunterdon roads

February 3, 2015 |

Submitted by New Jersey Truck Accident Lawyer, Jeffrey Hark Originally published here. One person was entrapped in an accident involving a Honda Accord and a Ram pickup truck at the intersection of Route 31 and Country Club Drive in Clinton Township on Jan. 28, 2015. (Rich Maxwell | for Hunterdon County Democrat) There are plenty…

What It Takes to Get Workers’ Compensation

January 29, 2015 |

Submitted by Workers Compensation Attorney, Jeffrey Hark Diaz-Paredes v. Whole Foods Market (decided January 23, 2015) is an appeal from an administrative decision of Workers’ Compensation. The appellant worked for Whole Foods for eight years in a position that involved bending, lifting, and pushing carts and claims that she suffered orthopedic, neurological, and neuropsychiatric injuries…

Reasonable Judgment Applies to Judges Too

January 28, 2015 |

The case attached to this blog involves two judges, one of the Superior Court, and one of the City of Paterson Municipal Court. The judges regularly attended Mass and a weekly dinner after Mass with an individual who later came under indictment for official misconduct based on using his public position to have public employees…

Probable Cause Will Probably Withstand a Motion to Suppress

January 20, 2015 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…